Unlocking US Business Opportunities: A Guide to Non-Immigrant Visa Options for Entrepreneurs
Flavia Santos Lloyd • July 6, 2023
Entrepreneurs and investors are key drivers of economic growth and job creation, and the United States has long been a destination of choice for those seeking to start or grow their businesses. However, navigating the U.S. immigration system can be complex and time-consuming. In this article, we will discuss the various non-immigrant visa options available to entrepreneurs and investors looking to enter the United States.
L-1 Intracompany Transferee Visa
The L-1 Intracompany Transferee Visa is a visa category specifically designed for executives, managers, and employees possessing specialized knowledge who are relocating from a foreign corporation to a U.S. affiliate. The eligibility for an L-1 visa requires the foreign corporation and the U.S. affiliate to be connected through common ownership or control. Transferees must also demonstrate that they have been employed abroad for at least 12 months in an executive, managerial, and specialized knowledge capacity.
An employee being relocated might also be heading to the United States to set up an office if the company doesn't have an existing presence there. The L-1 visa isn't the best choice for someone in the early stages of launching a company, particularly if the business is being established in the United States. However, it could be a viable option for an entrepreneur who has, for instance, kick-started a business outside of the United States which will maintain its operations, or if the entrepreneur merges operations with a foreign company where they have previously been employed.
E-1 Treaty Trader Visa
E-1 Treaty Trader
Visa category is designated for nationals of countries with which the U.S. maintains treaties of commerce and navigation. An entrepreneur qualifying for an E-1 visa must be entering the U.S. to carry out substantial trade, including trade in services or technology, principally between the U.S. and the treaty country.
Trade, as defined, must involve an exchange of goods, money, or services. Virtually any goods or services can meet this requirement. The transaction flow between the two countries should be verifiable, typically done through documents such as purchase orders, wire transfers, or bills of lading.
To determine the substantiality of the trade, the Department of State (DOS) will assess the frequency and monetary value of the transactions. More regular, high-value transactions are given greater consideration. However, smaller businesses can also qualify if they can demonstrate that the transaction volume is sufficient to support the treaty trader(s) and their family.
The DOS applies a general rule stating that at least 50% of the trade must be between the United States and the treaty country. Thus, applicants should provide evidence of their total business transactions and proof that a minimum of 50% is between the two countries. The remaining trade can be domestic or international with other countries. Even if a US-based subsidiary meets the 50% requirement, the parent company abroad does not necessarily need to conduct 50% of its trade with the United States.
Due to the requirement of demonstrating substantial trade history, it may be challenging for early-stage startups to qualify for an E-1. This visa type is more frequently used by established entrepreneurs with a foreign business and a US customer base, who wish to continue their operations in the US. In some instances, foreign firms aiming to penetrate the US market may use an E-1 for a newly established US subsidiary and start moving inventory for sale in the US. In this case, all trade may be between the foreign parent and US subsidiary, thereby comfortably meeting the 50% threshold.
E-2 Treaty Investor Visa
E-2 Treaty Investor
Visa is for citizens of countries that have a treaty of commerce and navigation with the United States. To qualify for an E-2 visa, an entrepreneur must be coming to the United States to develop and direct the operations of a business in which they have invested, or are in the process of investing, a substantial amount of capital.
In the classic example of an E-2 investment, the E-2 investor transfers their personal wealth from a foreign bank account into the bank account of their new US enterprise, thereby establishing their investment. However, the Foreign Affairs Manual (FAM) provides some flexibility, enabling the officer to consider other "arrangements" as an "investment."
For those not intending to finance the E-2 enterprise entirely or partially with their personal funds, the nationality of other investors needs to be considered to ensure that at least 50% of the company shares remain in the hands of nationals from the E-2 treaty country. For instance, suppose one co-founder is American and the other is French, and they each own 50% of the company, contributing $40,000 from their personal wealth as initial capital for the company. To raise additional funds, they each decide to swap 7% of their equity (14% in total) with an angel investor for $150,000. If the angel investor is also French, then 57% of the company is now owned by French nationals; but if the angel is a U.S. citizen, then only 43% of the company is French, and it no longer qualifies as a French company for E-2 purposes. In this scenario, the founders will need to switch to another visa type before the equity exchange, as their E-2 will no longer be valid when the company loses its treaty nationality.
A central concern for every E-2 application is the "source of funds." The applicant must clearly demonstrate the lawful origin of their investment funds, along with evidence of ownership and control. Moreover, to be classified as an E-2 investment, the invested assets or funds must be "at risk." This means that if the business fails, the investment is proportionately lost. Though the investment capital may be loan-based, the loan cannot be secured against the assets of the E-2 enterprise. Personal loans, which may be secured by personal assets like a second mortgage or unsecured loans typically obtained from family, friends, or business partners, are permissible.
O-1 Visa
The O-1 visa category is a unique and advantageous option for startup entrepreneurs and business owners who have demonstrated exceptional prowess in their field. The O-1A visa variant specifically caters to individuals exhibiting extraordinary ability in the sciences, education, business, or athletics. This makes it a viable avenue for those looking to establish or expand their business ventures in the US without the necessity of maintaining an overseas office or providing evidence of trade and investment, as required by L-1 and E-1/E-2 visas.
Unlike the more traditional visa categories, the O-1A visa shifts the emphasis onto the beneficiary's individual achievements within their domain. It demands that the beneficiary meets at least three of the eight regulatory criteria set forth by the US Immigration Services. These criteria form a comprehensive measure of the individual's accomplishments, recognition, and overall standing in their respective field.
For instance, if the beneficiary has been the recipient of nationally or internationally recognized prizes or awards, it highlights their excellence and industry-leading competence. Alternatively, membership in prestigious associations which require commendable achievements as judged by recognized experts can also serve as evidence of their extraordinary ability.
The O-1 visa offers an alternate route that places an emphasis on individual expertise and recognition in the applicant's field, rather than specific trade or investment quotas. This visa is especially beneficial for those who have demonstrated exceptional capability and achieved a high degree of success in their respective business domain.
Overall, the O-1A visa offers an effective immigration route for extraordinarily talented entrepreneurs and business owners. By meeting and surpassing the eligibility criteria, they can gain access to the vast opportunities in the US market, thereby furthering their business ventures and contributing to the economic growth and diversification of the US.
Conclusion
For foreign entrepreneurs and investors, several U.S. immigration options are available: the E-1 treaty trader visa, the E-2 treaty investor visa, the L-1 intra-company transferee visa, and the O-1 visa for individuals with extraordinary ability. While E-1 and E-2 visas center on trade and investment respectively, the L-1 is for managers or executives transferring to a U.S. branch of their company, and the O-1 visa acknowledges individual expertise and accomplishments. Each visa has unique prerequisites, necessitating the guidance of an immigration attorney for optimal strategy selection. Correct navigation of these options opens vast U.S. entrepreneurial opportunities and resources.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
This Facebook widget is no longer supported.
Flavia Lloyd
Similar Posts
In years past, spouses of certain E and L visa categories were required to apply for and receive an Employment Authorization Document in order to work in the United States. However, as the result of a settlement reached by USCIS in the class action lawsuit Shergill v. Mayorkas on November 10, 2021, USCIS now considers E and L dependent spouses to be authorized for employment incident to their status.
Click here to read this article in Portuguese
Click here to read this article in Portuguese
Click here to read this article in Portuguese
Navigating the immigration landscape as a professional athlete can feel as demanding as a championship final, but understanding the P-1A visa can help you to plan ahead and successfully petition USCIS when the time comes to apply. For individual athletes like surfers, Rodeo cowboys, or Brazilian Jiu-Jitsu fighters, the P-1A serves as the primary gateway to competing in the United States. While it is often compared to the O-1 visa, the P-1A has a distinct threshold that is more easily accessible than the O-1; rather than proving "extraordinary ability," you must demonstrate "international recognition". This means your achievements must be renowned or leading in more than one country, showcasing a level of skill that is substantially above the ordinary. For those competing in individual sports, the spotlight is entirely on your personal accolades and standing rather than a team or league’s reputation as in the case of a team sport athlete. You must show that you are personally well-known within your sport across multiple countries, and that the U.S. events you intend to enter typically draw other internationally recognized participants. One of the most significant advantages for the solo competitor is the duration of stay, as individual athletes can often secure a P-1 visa for an initial period of up to five years, which can eventually be extended to a total of ten. This stands in stark contrast to team athletes, who are generally limited to the duration of a specific season or contract with a team. If you are looking to be proactive about your future eligibility, you should treat your career milestones as a collection of evidence for the "Two-Out-of-Seven" rule used by USCIS. To qualify, you must provide evidence satisfying at least two of the following seven criteria: Evidence of having participated to a significant extent in a prior season with a major U.S. sports league. Evidence of participation in an international competition with a national team. Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition. A written statement from an official of a major U.S. sports league or the governing body of the sport detailing your international recognition. A written statement from a member of the sports media or a recognized expert. Evidence that you or your team is ranked, if the sport has international rankings. Evidence that you or your team has received a significant honor or award in the sport. Building your resume with these specific benchmarks in mind is essential. Here are some suggestions to help an individual sport athlete to meet these criteria and successfully qualify for a P-1A visa: First, you should actively seek opportunities to represent your national team or strive for high international rankings , as these are concrete proof of your standing. If you are working with an immigration attorney, make sure they have a clear understanding of your sport, how its governing body determines rankings, and the significance of your accomplishments- successfully showing USCIS why your rankings or results indicate you are performing at an elite and internationally recognized level is key to a successful outcome. Beyond the trophies, your professional network plays a crucial role ; cultivating relationships with recognized experts or sports media members who can provide written statements will significantly strengthen your future petition. Major media articles that discuss your accomplishments or explain the significance of competitions or rankings you feature in, can also have a strong positive impact on your case. As you prepare, remember that every petition also requires a formal consultation letter from an appropriate labor organization , if one exists that covers your sport. A good immigration attorney will help you to identify the appropriate labor organization and engage with them on your behalf to secure the consultation letter you need. Generally, they will want to see the same evidence that USCIS will be evaluating, and they may need some time to review your petition prior to issuing you a consultation letter. Finally, you will also need a written contract with an employer or agent within the United States, and a detailed itinerary of the events where you will perform . Your immigration attorney can also help you to structure your contract with your agent or employer, and guide you in creating an itinerary based on the events or competitions you will participate in. While every individual sport is different, USCIS will want to see that you have set up a structure that will pay you a living wage to perform your sport, and that you have planned out an itinerary of competitions or events in sufficient detail that covers the entire period of time for which you are requesting the P-1A visa. At Santos Lloyd Law Firm, P.C., we are experienced in helping talented individuals who are accomplished in many different sports to continue their careers here in the United States. If you are such an athlete interested in competing here, please contact us, and we will be happy to discuss your case.
If you have a pending asylum application in the United States, you will now be required to pay an Annual Asylum Fee (AAF) in order to keep your application pending. Understanding this new fee and why it is important could be the difference between maintaining your pending asylum application and facing removal from the country . If your asylum application has been pending for more than one year, you will be required to pay an annual fee of $102 . The good news is that this fee is charged per asylum application, not per person. This means a family applying together on a single Form I-589 will only pay $102 total. However, it is important to know that there are no fee waivers available for this annual payment. It is crucial to take this fee seriously because the consequences for missing your payment are severe . If you receive a notification from USCIS that your fee is due, you will be given exactly 30 days to pay it. If you fail to pay by the deadline, the government may enforce the following penalties: Rejection of your Application: USCIS will reject your pending asylum application. Loss of Work Authorization: Any pending applications for employment authorization (Form I-765) based on your asylum case will be denied. Furthermore, if you already have an approved work permit, you will lose your work authorization immediately. Risk of Deportation: If you do not have an underlying legal status in the U.S., USCIS may initiate your removal (deportation) from the United States. Because of the severe consequences of failure to pay the fee within 30 days, it is vitally important to update your address with USCIS. This ensures you will actually receive the payment notice and can pay it on time without jeopardizing your case. How to Pay: Paying your fee promptly is the best way to protect your asylum status and work authorization. You can easily check if your fee is due and make your payment online by visiting: https://my.uscis.gov/accounts/annual-asylum-fee/start/overview To submit your payment, you will need two important pieces of information: Your A-Number (Alien Registration Number). The receipt number from your asylum application receipt notice. Once you enter this information, you will see a blue “Pay and submit” button. You can pay securely using a credit card, debit card, or a transfer from a U.S. bank account. Always make sure to save a copy of your receipt to ensure you have evidence of payment. Staying informed and keeping up with the Annual Asylum Fee is an essential part of the asylum process in 2026. Watch your mail for notifications, keep your address updated, and pay your fee as soon as it is due to ensure your case stays on track.
In the span of about five weeks, U.S. visa policy changed in ways that affect close to 100 countries. A Presidential Proclamation issued on December 16, 2025, expanded an earlier travel ban to cover 39 countries effective January 1, 2026. Two weeks later, the Department of State announced a separate administrative pause on immigrant visa issuance for nationals of 75 countries, effective January 21, 2026. The two policies overlap in places, diverge in others, and together create one of the broadest restrictions on U.S. visa issuance in recent memory. For applicants and employers trying to make sense of the news, the most important point is this: the rules differ depending on (a) which country the applicant is from, (b) which visa category they are seeking, and (c) where they were on January 1, 2026. Below is a practical guide to what is in place, what is still available, and what to do next. Two Distinct Policies, One Confused Headline What the press has often called "the visa freeze" is actually two separate policies, with different legal foundations and different scopes. Presidential Proclamation 10998 the 39-country travel ban. Signed December 16, 2025, and effective January 1, 2026, this proclamation supersedes and expands the June 2025 travel ban. It invokes INA §§ 212(f) and 215(a) the same legal authority that the Supreme Court upheld in Trump v. Hawaii (2018) — and divides affected countries into two tiers. The State Department's 75-country immigrant visa pause. Announced on January 14, 2026, and effective January 21, 2026, this is an internal Department of State policy, not a presidential proclamation. It freezes immigrant visa issuance for nationals of 75 countries on a stated rationale of public charge concerns. It has been challenged in court (CLINIC v. U.S. Department of State, S.D.N.Y., filed February 2, 2026) on grounds including the INA's prohibition on nationality-based discrimination in immigrant visa issuance. Because the policies operate independently, an applicant from a country that appears on both lists faces overlapping restrictions, while an applicant from a country on only one list faces a narrower set. Tier 1: Full Suspension Under Proclamation 10998 (19 Countries) Nationals of these 19 countries are subject to a full suspension of both immigrant and nonimmigrant visa issuance: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. The proclamation also applies to individuals traveling on documents issued or endorsed by the Palestinian Authority. For applicants in this tier, no tourist, student, work, or immigrant visas will generally be issued, subject to a narrow set of exceptions discussed below. Tier 2: Partial Suspension Under Proclamation 10998 (19 Countries + Turkmenistan) Nationals of these 19 countries are subject to a partial suspension: Angola, Antigua and Barbuda, Benin, Burundi, Côte d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe. For these countries, the proclamation suspends: All immigrant visas, and B-1/B-2 visitor visas, F and M student visas, and J exchange visitor visas. Critically, employment-based and other nonimmigrant categories including H, L, O, P, and R visas remain available to nationals of these countries, although consular officers are directed to reduce the validity period of any such visa to the minimum extent permitted by law. For our firm's many clients in the entertainment, sports, and business immigration space, this distinction is often the difference between a paused career and a viable plan. Turkmenistan occupies a unique position: under the December proclamation, only immigrant visa issuance is suspended; nonimmigrant categories remain available. The Separate State Department Pause (75 Countries) The January 21, 2026 State Department policy paused issuance of immigrant visas only to nationals of 75 countries. The list is broader than the Proclamation 10998 list and notably includes countries with significant client populations for our firm, such as Brazil, Colombia, Egypt, Guatemala, Lebanon, Morocco, Nicaragua, Pakistan, and many others. Two practical points are essential: The pause is limited to immigrant visas. Nonimmigrant visas including B-1/B-2, F-1, J-1, H, L, O, P, and R are not affected by this policy. A Brazilian artist seeking an O-1, a Colombian executive seeking an L-1, or a Lebanese professional seeking an H-1B can generally continue to apply. The policy is being challenged in court. Plaintiffs in CLINIC v. State Department argue that the freeze violates INA § 1152's prohibition on nationality-based discrimination in immigrant visa issuance, the Administrative Procedure Act, and the Fifth Amendment. The outcome is not predictable, and applicants should not delay strategic planning while awaiting a ruling. Who Is Exempt or Otherwise Unaffected Several categories of individuals are not covered by Proclamation 10998, even where their country of nationality appears on the list: Lawful permanent residents of the United States. Green card holders may continue to travel and re-enter, though re-entry can still involve closer secondary inspection. Individuals physically present in the United States on January 1, 2026. The proclamation applies only to those who were outside the U.S. and without a valid visa as of the effective date. Holders of valid visas issued before January 1, 2026. No visa issued before the effective date has been or will be revoked under the proclamation. These visas may continue to be used for travel. Dual nationals who can apply on the passport of a country not subject to the suspension. A, G, and NATO visa holders , certain Special Immigrant Visa applicants, and limited national interest exceptions, including for specific adoption-related cases. It is worth emphasizing that exemption from the entry ban is not the same as exemption from related USCIS processing holds. Some lawful permanent residents from affected countries have nonetheless experienced delays on naturalization (N-400) and family petition (I-130) processing under separate administrative directives. What Applicants Should Do Now Given how rapidly the rules are changing and how case-specific the consequences are, we are advising clients to take the following steps: Identify which list (or lists) applies to you. A national of Iran or Syria faces fundamentally different exposure than a national of Brazil or Colombia, even though both may have heard "visa freeze" in the news. Look at categories, not just countries. For Tier 2 countries and the 75-country pause, employment-based nonimmigrant categories remain a viable path. Many of the O-1, P-1, H-1B, L-1, and EB-1A pathways our firm regularly handles are unaffected by the immigrant-visa freeze. Consider where you are physically located. Applicants currently in the United States have planning options that applicants abroad may not. Departing the country at the wrong moment can convert an inconvenience into a years-long problem. Do not assume current valid visas remain a guarantee of admission. While valid visas are not being revoked, port-of-entry scrutiny has increased, and discretionary admission decisions are ultimately made by Customs and Border Protection. Seek counsel before international travel if you are from any affected country, hold any form of conditional or pending status, or have any concerns about prior immigration history. When to Consult an Attorney The combination of the Proclamation 10998 travel ban, the 75-country immigrant visa pause, ongoing litigation, and the additional USCIS holds on certain benefit applications has produced a landscape where the right answer is rarely obvious from the news alone. Speaking with counsel is especially important when: Your country appears on either list, and you have a pending or planned visa application. You are weighing whether to leave the United States for a consular interview. You are an employer with a foreign national workforce and need to understand which categories remain viable. You are a dual national considering which passport to use. You hold a valid visa from before January 1, 2026, and are uncertain whether to travel. At Santos Lloyd Law Firm, we represent clients from across the affected country lists including substantial numbers in entertainment, sports, business, and family immigration and we are actively monitoring both the litigation and the State Department's evolving guidance. If you have questions about how the current restrictions apply to your case or your company, our attorneys are available to help you build a plan.
